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3) Discuss the significance of Section 52(1)(i) of Copyright act, 1957 in providing educated workforce to Indiaincreasing the spread of knowledge. Discuss how it has been utilized in the 2016 Supreme court judgement of Rameshwari Photocopycase?

Answer Hints/ Keypoints

Mains Answer writing is not a rocket science because even if it was- there is not enough time either at present or in the actual exam hall to apply it!
But since these are descriptive papers so the standard formula of liberal arts /humanities applies i.e.

conclusion: though nature of UPSC questions is such that there is not sufficient time / opportunity to think of proper conclusion. so, in real exam, the answers mostly show start and end at “body” only.

Q1: Include orphans in OBC list?

The question was as following

Examine the merits of including orphans within central list of OBCs – as suggested by the NCBC?

First understand the meaning of the phrase “Merit(s) of”:

Advantages / benefits.

Is it worth pursuing? has anyone done / recommended this in past?

Is it substantial enough to get passed in parliament / win in court?

Since we don’t know what angle(s) the examiner expected- so have to cover all three. Only talking about ‘pro/con’ will be shallow.

Introduction (start with Constitutional provision)

Art.15/*: State can make provisions for advancement of any socially and educationally backward classes of citizens;

Art.340/*: President empowered to make commission that’ll give recommendations;

Recently, NCBC sent resolution to include Orphans in Central-OBC list (2016, Sept.)

Merits of pursuing

Orphans already included in some State OBC list (TN, Rajasthan and Telangana)- because not having parents puts them at disadvantage.

Conclusion

SC Judgment has strengthened woman’s right to life, liberty, dignity by rectifying this section.

Done in ~220 words. More analysis can also be written – e.g. if court passes a “residence order” under section-19 of the act wherein male is removed from shared household, still he could harass woman using proxy-terrorists. but then again we are preparing GS, and not law optional so no need for wasting precious time before mains on such hair-splitting on every topic of current affairs.

Q3: Right to Photocopy

Introduction ( start with “origin of the case”)

Due to expensive textbooks and their shortage in libraries, Indian college students often resort to photocopying.

In 2012: Oxford, Cambridge et al went to court to stop shops outside DU, from selling photocopies of the academic books as ‘course-packs’.

Body

Academic textbooks are expensive. Only universities can afford to purchase but too many students and libraries don’t have sufficient copies.

If we want educated work force and informed citizenry, then such exception will be required.

Conclusion

HC recognized: Copyright provides reasonable restriction but not absolute protection, strike balance wherein students have right to access knowledge through photocopies. OR

Lack of good schooling could have been averted with well-stocked library. But since that is not happening, so stopgap solution is right to photocopy to ensure educated workforce and citizenry.

Done in ~150 words. No much point in hair splitting about publishers’ claim that photocopy walla were agents of the university etc. Because, we are preparing for General Studies not law optional subject.

Although not asked in the question but

Points if required for Essay / Interview

Arguments in favor of right to photocopy

Against photocopy

If all prescribed books are to be purchased, even ordinary BA course will cost lakhs of rupees.

Ink fades away, semester system so student unlikely to re-read it in future unlike textbook.

Prisoner’s Participation as a Voter

Representation of the People Act, 1951 (Section 62(5): following people can’t vote:

Under-trials in lawful custody of the police. (Exception– those in preventive detention- can vote via postal ballot.)

Convicted felons serving jail term.

Prisoners should be given voting rights

Don’t give voting rights

Spain, Sweden, Switzerland and Finland give them voting rights.

Many 1st world countries don’t give.

It’s not right to put blanket ban on all prisoners.

At least undertrials should be given voting rights. (~2.8 lakh of them)

Many in jail for petty crimes so taking away their voting rights is one more layer of over-punishment.

Studies indicate many in jail because they didnot get good lawyer because they’re poor due to their Backward caste / muslims origin. So taking away their voting right means difficult for their leaders to win election = further alienation from mainstream.

Logistical challenges in organizing postal ballot, finding constituency, how is in jail for what offense, their socio-economic status etc.

Fuller participation of “citizens” in democracy.

Right to vote is not a constitutional right. It is a statutory right. Parliament empowered put restrictions on it.

A person is in jail because of his conduct. So, he can’t claim equal rights as ‘ordinary’ citizens. (observed SC)

So, parliament has full power to give/curtail his voting rights

Ironic that convicts can contest elections (after 6 years ban) but cannot vote (while in jail).

When he is released from jail, he’ll be able to vote again.

And lastly, Dy.EC Sandeep Saxena committeeformed to look into voting rights of prisoners. So wait and watch till then!

Prisoner’s Participation as a Candidate

Provision in RPA Section-8

Reform

6 years ban: if person (including MP/MLA) jailed for more than 2 years.

6 years ban: If jailed for more than 6 months for hoarding and profiteering, adulteration of food or drugs, dowry prohibition, commission of Sati, etc.

should be lifelong ban, atleast on MP/MLA from re-contesting.

Because if civil servants, military personnel or judicial officers are convicted- they can never be taken back into the service

Prisoner’s Participation as a legislator

Provision in RPA Section-8

Reform

MP/MLA convicted but if appeals in higher court within 3 months, then he’ll not be disqualified from the present seat. (Section-8(4)][